MALTIDEVI GAMBHIRSINGH SAHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A detailed order came to be passed by this Court on 09.10.2020, which reads thus:

(2.) Today, medical certificate of the corpus is produced before us, which states that, as per physical and psychological examination of the patient, she can undergo the process of termination of pregnancy by suction or evacuation through USG pelvis. She is carrying pregnancy for 5 weeks and 1 day. Her dental age, on the basis of the clinical examination, is of 12 years and the assessment of her medico-legal age shall be done on 15.10.2020. We notice that her age, as per the certificate is 14 years and 1 month. The corpus is traced from the State of Bihar and is brought back to Gujarat. Her statement, under Section 164 (5A) of the Code, also has been recorded and presently, she is with her parents, who have given the consent, in writing, for both her medical examination and termination of the pregnancy.

(3.) Section 3 of the Medical Termination of the Pregnancy Act, 1971 ('the Act', hereinafter) provides direction for termination of the pregnancy where the consent to the registered medical practitioner, as provided under sub-Section (4) of Section 3 of the Act,is necessary. The length of pregnancy when does not exceed 12 weeks by a medical practitioner and where, the length of pregnancy exceeds 12 weeks, but, not 20 weeks, not less than two registered medical practitioners, if are of the opinion, formed in good faith, that the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury, physical or mental health or there is a substantial risk that, if, the child were born, it would suffer from such physical or mental abnormalities, as to be seriously handicapped, such termination is made permissible. The explanation to this Section states that where any, pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.